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Discussion in 'Questions about MI Hunting/Fishing Law' started by "B", Nov 24, 2007.
We are having a debate if someone with a felony can hunt with a muzzle loader,does anybody know?
No they cant, just with a bow !
..even with a felony conviction. I do believe that in certain cases, the felon can petiton the court to re-gain their hunting privledges!
JS Online: Felons issued gun hunting licenses
[SIZE=-1]The disclaimer on the back of a Wisconsin gun deer license reads, "A hunting license by the DNR does not authorize the possession of a firearm by a felon . ...
www.jsonline.com/story/index.aspx?id=680703 - 58k - Cached - Similar pages[/SIZE]
Can i hunt in the state of ohio if i have a felony? - Yahoo! Answers
[SIZE=-1]felony five conviction time served 8 years ago! im... ... However, you can still legally hunt in Ohio as a felon if you choose to archery hunt, ...
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Restoration of gun rights by record expungement
[SIZE=-1]You can expect them to cross check hunting licenses with their list of ... After conviction a person must wait a certain period of time before his or her ...
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Texas Judicial - Court of Criminal Appeals Opinion #0733-01c
[SIZE=-1]A person whose felony conviction has been set aside and whose indictment has ..... purposes of carrying an otherwise legal hunting rifle or other firearm. ...
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Talkin' to America
[SIZE=-1]Many felony convictions in fact don't prohibit a person from possessing a firearm, ... fraud can still own their $25000 shotguns and go grouse hunting. ...
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ASK THE DNR. (Mi.)
Once a person is convicted of a felony can he ever again legally hunt and/or own a hunting firearm or bow in Michigan? Question ---- 11/09/2001 01:37 PM ---------------------------------------------
Once a person is convicted of a felony can he ever again legally hunt and/or own a hunting firearm or bow in Michigan? Answer Yes, it is possible for a person to have their rights restored. This is a rather complex law. To determine whether a person would or would not come under the purview of this law, they would need to make an appointment with their local county prosecutor's office and bring all of their felony paperwork so a determination could be made about whether they can possess a firearm and what measures may or may not be required to have their privileges reinstated.
Bows are not firearms and do not fall under the firearm prohibition.
The law in this instance can be confusing. Under MI law, a muzzloader is considered a firearm, so a felon is liable for prosecution.
Under Michigan Law, a convicted felon can have his firearms rights restored after 3 years for non specified felonies or 5 years for specified felonies after all conditions are met (confinement, fines, parole, etc). The felon falling under the 3 year criteria automatically has their rights restored after these conditions are met. The felon falling under the 5 year criteria DOES NOT and has to apply and have them restored through the local gun board. Federal Law WILL honor Michigan Law, restoring felon rights under these conditions. Most are unaware of this and are liable for prosecution under State and Federal Law. Here's a few links for clarification so everyone is aware of the law and what it states:
And from the Michigan State Police website:
2. Is it possible to have my felony record from 20 years ago cleared so I can purchase a firearm?
MCL 780.621 Allows a person to apply to have their felony conviction set-aside if it is their only conviction. If/when the set-aside is granted, you would be eligible to purchase or possess a firearm.
MCL 750.224f If the felony conviction was "non-specified", you would be eligible to possess a firearm eight years after the date of conviction or confinement and 3 years after release from probation or parole, whichever is the later date, if that date is before July 1, 2001. If the date is after July 1, 2001, only a set-aside, expungement, or pardon would allow you to possess a firearm.
If the felony conviction was "specified", you must either have been granted a restoration of your firearms rights by your local county gun board prior to July 1, 2001, or have a set-aside, expungement or pardon. A "specified" felony is one in which 1 or more of following circumstances exist: An element of that felony is the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. An element of that felony is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance. An element of that felony is the unlawful possession or distribution of a firearm. An element of that felony is the unlawful use of an explosive. The felony is burglary of an occupied dwelling, or breaking and entering an occupied dwelling, or arson.
If your felony was prior to July 1, 2001 then you qualify for reinstatement of gun rights through the gun board according to Michigan MCL 750.224f and 28.424. However, if your conviction was after July 1. 2001, (even though I cannot find this 2001 MCL law) has no options for you other than a Gubernatorial Pardon, which will never happen!
I suggest writing your senators, congressman and naturally the NRA and GOA since gun rights are supposed to be inherent, provided by God and not the government. Welcome to the New World Order... Thousands of citizens have their gun rights removed every single day void of victims or injured parties. Heil Hittler!...
My cousin was convicted of a felony in 1999 for leaving the scene of a serious injury accident. He always hunts with a bow and now a crossbow during gun season. I been trying to explain to him I don't think he has to. He is dead set that because he was convicted of a felony he can't hunt with a gun ever. So are you saying he has to go in front of a board or he is good to go? I am so sick of hearing "If I had a gun" Ever since he has been in this position it seems that every year he always sees that one and says "If I had a gun"
This has been discussed a number of times. Just search "Felon" or "Felony". No need to dig up a 6 yr old thread.
I think all of us have been guilty of failing to do the "Search" and shoot off a post thinking it is the first time the question was asked, myself included. Mea culpa.... Maybe a moderator can enlighten us as to how long history goes back in the Forum.
what I ever do is google first, then yahoo, then try to do this broken MS forum search which never gives up any info.
to the O.P. I read in a "cuff and collars" , or "on patrol" a few years ago about a similar story.
Just going by memory here, I googled it, then yahooed it, and of course I MS forum searched it which never returns anything.
A hunter got lost in the U.P. and tried hiking out, was found by rescue without a firearm, he admitted to having a muzzleloader, but he was also a convicted felon who had now admitted to being in possession of a firearm, story left off with charges were pending.'
I wouldn't risk it, lots of good info to search for, possibly expunge or make an exception to the record of a felon.
Too many variables to determine on a thread.
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